The terms of reference require the Commission to consider the implementation of the Adoption Information Act 1990 and its impact on birth parents, adopted persons, adoptive parents and their extended families. This Chapter presents some comments and questions, bot of a general nature and specifically directed to the groups of people most affected by the legislation. It may be helpful to you to address these comments and questions when you are preparing a submission to this review. You should remember, however, that the Commission is keen to have any comments, from any source, about the Act and its operation.
GENERAL ISSUES
Awareness of the Act
4.1 The Commission is anxious to learn the extent to which the scheme established by the Adoption Information Act is known to, and understood by, those affected by it.
The role of government bodies in relation to information
4.2 One way of assessing the Act is to ask whether it complies with present views about the role of government in the handling of personal information. It may be, for example, that as a general principle government should retain only such information as is necessary, and that those whom it concerns should have a right of access to the information, and the right to ensure that it is correct. Such issues are connected with views about the extent of government involvement in the lives of individuals. Some may feel, for example, that we should avoid legal approaches to adoption information which involve government agencies keeping track of individuals. The Commission would welcome comments on the extent to which the provisions of the Act conform to current standards relating to these matters.
Different types of adoption
4.3 The Adoption Information Act applies to all adoptions. These include adoptions by step-parents and relatives, adoptions of older children, adoptions of children who had previously been foster children, and overseas adoptions. It may be arguable that the law relating to adoption information should distinguish between these different types of adoption. The Commission would welcome comments on this issue.
Aboriginal people, and members of ethnic or cultural minorities
4.4 The Commission realises that membership of an extended family, and links with particular places and particular communities, can often be very important to Aboriginal people and members of some ethnic or cultural groups. Adoption has the potential to remove a person not only from his or her parents, but from links with the person’s racial or cultural communities. It may be that the issues of access to information, and privacy, have a special importance for members of these groups. The Commission is particularly anxious to understand the impact of the law on any people so affected, and to learn of their views.
Access to services
4.5 It is possible that people living in country areas of New South Wales feel isolated and unable to obtain support and advice relating to adoption information. Have you had any such difficulties? For example, have you found if difficult to learn what rights you have, and to act on them? Do you have any suggestions for solving such problems?
Interstate and overseas factors
4.6 The Adoption Information Act applies not only to adoptions in NSW but to adoptions in other states and territories and overseas adoptions that are recognised in NSW. The Act may also have some impact on people who are outside NSW, and on information located outside NSW. The Commission would be glad to learn whether the law is working satisfactorily when it involves people or information outside NSW.
Fees
4.7 Fees charged in relation to the Adoption Information Act are noted above on pages 8-9. Do you have any comment on the fees payable, or on the system of waiving payment in special cases?
Compliance with contact vetoes
4.8 An important question is the degree of compliance with contact vetoes. The Commission would welcome information about any breaches that have occurred, and on the extent to which compliance with vetoes is due to the fear of legal penalties, or to the desire to comply with the wishes of the person who lodged the veto.
Roles of support groups and agencies.
4.9 A number of groups and agencies are active in adoption reunions. It is not the Commission’s role to assess such bodies, but we would be interested to learn what role they play in relation to the law; for example, whether they carry out any of the tasks that the law assumes will be done by government agencies, or whether their work impedes or enhances the operation of the Act.
Counselling and advice
4.10 An important issue is whether the law should in any way require counselling, or advice, or require that contacts should be made only through intermediaries. In general, the law does not take this approach. Instead, the policy appears to be to provide agencies from which advice can be had, but leave it to individuals to decide how to exercise their rights under the Act. Again, the Commission would be glad to hear comments on this matter.
Anomalies or problems
4.11 The Commission would be grateful to learn of any unexpected or unanticipated problems in the operation of the Adoption Information Act.
ISSUES PARTICULARLY FOR ADOPTED PERSONS
Seeking information
4.12 Adopted people, when they turn 18, have the right to obtain their original birth certificate and other prescribed information. Did you have sufficient information about the new law to enable you to make a decision about what action to take?
4.13 Did you want to obtain your original birth certificate? If so, did you find that the law worked well in enabling you to do so? Do you have any comments on the administration of the Act by the Registry of Births, Deaths and Marriages, or the Family Information Service (the Department of Community Services)?
4.14 Did you want to obtain any other prescribed information? If so, did you find that the law worked well in enabling you to do so? Do you have any comments on the administration of the Act by the Registry of Births, Deaths and Marriages, or the Family Information Service (the Department of Community Services)? Any comments on the other bodies, such as public hospitals, that have obligations under the Act to provide information?
4.15 “Non-identifying” information means information of a general kind, that does not disclose the identity of people. It includes, for example, the information that an adopted person’s birth mother had dark hair, or was a talented musician. Did you have access to non-identifying information, before or after April 1991? Did the Act make any difference to your access to non-identifying information?
4.16 Did you know of any other persons or agencies that might help you? Did you make use of any other persons or agencies? Any comments resulting from this? Was there other information or assistance which you needed but which was not available?
4.17 Do you have any other comments on the administration of the Act, or the rights it gives to adopted people, relating to obtaining information?
4.18 What sorts of information do you think adopted persons should be entitled to receive about their origins and their birth families? Can you suggest any change to the law in this respect?
Encountering a contact veto
4.19 If you found when you applied for your original birth certificate that a contact veto had been lodged, can you describe your experiences? Was there a message lodged with the contact veto? Did you have access to information or advice to help you decide what to do next? Do you have any comments arising from your experiences?
4.20 Do you intend to comply with the veto? Do you have any comments on the veto system?
Making contact
4.21 If you attempted to make contact with your birth parent, do you have any comments arising from your experience? How did you attempt to make contact - did you do it directly, or through an intermediary? Did you use the Reunion Information Register?
4.22 In the light of your experience, would you suggest that the law should be changed in some way? Do you have any comments on the way the law was administered by officers of the Family Information Service or the Registry of Births, Deaths and Marriages?
Access to information, or contact, by your birth parent
4.23 Has your birth parent obtained your amended birth certificate, or attempted to contact you? If so, how was it done? How did you learn about it? How did it affect you? In the light of your experiences, would you like to see the law changed in any way?
Lodging a contact veto
4.24 If you attempted to lodge a contact veto, do you have any comments arising from your experience? Did you leave a message or information with the veto? Were you given any advice? Did you find it helpful? Do you have any comments, positive or negative, on the way your case was handled?
4.25 Do you have any comments about the law or its administration as a result of your experience in having a birth parent obtain information about you?
During childhood
4.26 During your childhood, the law left it up to your adoptive parents to decide what you should be told about your adoption and the circumstances of your birth (although the amount of information known to them was often limited). Did this part of the law work well for you? Do you think it should be changed?
4.27 Do you have any comments about the age (18) at which the adopted person is treated as an adult for the purpose of the Act?
Learning about adoption
4.28 Did you learn of your adoption through an approach from a birth parent or other relative exercising their rights under the Adoption Information Act? If so, how was the approach made? How were you affected by it then? How do you feel about it? Would you have preferred to remain in ignorance of your adoption? Any comments about this?
ISSUES PARTICULARLY FOR BIRTH PARENTS
Seeking information
4.29 If you wished to seek information about your child, did you have sufficient information about the new law to enable you to make a decision about what action to take?
4.30 Did you want to obtain the child’s amended birth certificate? If so, did you find that the law worked well in enabling you to do so? Do you have any comments on the administration of the Act by the Registry of Births, Deaths and Marriages, or the Family Information Service (the Department of Community Services)?
4.31 Did you want to obtain any prescribed information? If so, did you find that the law worked well in enabling you to do so? Do you have any comments on the administration of the Act by the Registry of Births, Deaths and Marriages, or the Family Information Service (the Department of Community Services)? Any comments on the other bodies, such as public hospitals, that have obligations under the Act to provide information?
4.32 “Non-identifying” information means information of a general kind, that does not disclose the identity of people. It includes, for example, the information that the adoptive parents are professional people, and have other children. Did you have access to non-identifying information, before or after April 1991? Did the Act make any difference to your access to non-identifying information?
4.33 Did you know of any other persons or agencies that might help you? Did you make use of any other persons or agencies? Any comments resulting from this? Was there other information or assistance which you needed but which was not available?
4.34 Do you have any other comments on the administration of the Act, or the rights it gives to birth parents, relating to obtaining information?
Encountering a contact veto
4.35 If you found when you applied for an amended birth certificate that a contact veto had been lodged, can you describe your experiences? Was there a message lodged with the contact veto? Did you have access to information or advice to help you decide what to do next? Do you have any comments arising from your experiences about the law or the way it is administered?
4.36 Do you intend to comply with the veto? Do you have any comments on this issue?
Making contact
4.37 If you attempted to make contact with your child, do you have any comments arising from your experience? How did you attempt to make contact - did you do it directly, or through an intermediary? Did you use the Reunion Information Register?
4.38 In the light of your experience, would you suggest that the law should be changed in some way? Do you have any comments on the way the law was administered by officers of the Department of Community Services or the Registry of Births, Deaths and Marriages?
Access to information, or contact, by the adopted person
4.39 Did the person you relinquished for adoption obtain his or her original birth certificate, or attempt to contact you? If so, how was it done? How did you learn about it? How did it affect you? In the light of your experiences, would you like to see the law changed in any way?
Lodging a contact veto
4.40 If you attempted to lodge a contact veto, do you have any comments arising from your experience? Did you leave a message or information with the veto? Were you given any advice? Did you find it helpful? Do you have any comments, positive or negative, on the way your case was handled?
4.41 Do you have any comments about the law or its administration as a result of your experience in having an adopted person obtain information about you?
During childhood
4.42 During the childhood of the child you released for adoption, the law left it up to the adoptive parents to decide what the child should be told (although the amount of information known to them was often limited) about the adoption, the circumstances of the birth, about you and your family background and what led to your decision to give up your child. Do you have any comments on this aspect of the law? Do you think it should be changed?
ISSUES PARTICULARLY FOR ADOPTIVE PARENTS
Where adopted person seeks information, or contact with birth relatives
4.43 Do you have any comments on the operation of the law where the adopted person seeks information about a birth parent or other birth relatives, or seeks contact with them? Do you have any experiences that are relevant to this question? How did the operation of the law affect you, and the relationship between you and your adult adopted children? How did it affect other family members?
Where birth relatives seek information, or contact with adopted person
4.44 Do you have any comments on the operation of the law where a birth parent seeks information about the adopted person, or seeks contact with them? Do you have any experiences that are relevant to this question? How did the operation of the law affect you, and the relationship between you and your adult adopted children? How did it affect other family members?
Services to adoptive parents
4.45 Have you access to persons, groups or agencies which have helped with issues arising for you from the Act?
The adopted person’s knowledge of his or her status and rights
4.46 In order to exercise rights under the Act, the adopted person must know that he or she is adopted. Do you regard this as a problem, for you or for other adoptive parents? What was your own experience - did your child know that he or she was adopted? Did you talk with him or her about the effect of the Act? Did the Act make it necessary for you to talk to your adopted child about these things? Did you need, or make use of, any counselling or advice about doing this? Did the experience affect your relationship with your child?
4.47 Has the Act had any effect on your relationship with your adopted children who are still under the age of 18 years?
4.48 Do you have any comments about the age (18) at which the adopted person is treated as an adult for the purpose of the Act?
4.49 Do you think that the law should entitle adoptive parents to additional rights, such as access to an original birth certificate or a right to lodge a contact veto?
ISSUES PARTICULARLY FOR RELATIVES
Applications by relatives for the release of information
4.50 If you are a relative of a deceased birth parent or adopted person have you sought access to information under the Adoption Information Act? In the light of your experience would you say that the law worked well in meeting your needs? Do you have any comments on the administration of the Act by the Department of Community Services (Family Information Service) or the Registry of Births, Deaths and Marriages in relation to this?
Being contacted
4.51 Have you, as a result of the Act, been approached by a relative of whose existence you were previously unaware? What was the outcome of this approach? Do you have any comments on rights granted or not granted by the Act which enables contact of this sort from relatives?
Relatives’ rights
4.52 Do you think that the law should entitle relatives to additional rights, such as access to an original birth certificate, or a right to lodge a contact veto?
